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Tag: History

Jefferson on Abstract Ideas

I occasionally [1][2][3] dig into the available Founding-era record to see what we might be able to glean from the Founders’ words with relevance to modern debates on patent law and policy.  With t...

Beauchamp on Founding-Era Patent Revocation

An article from Prof. Chris Beauchamp, newly published in the Vanderbilt Law Review and titled “Repealing Patents”, examines the history of Founding-era patent revocation.  It’s a complex story...

Founders On Patents: Madison On The Dangers Of Patents

James Madison is credited with introducing the Patent and Copyright Clause to the Constitution, and defended that clause in Federalist 43, stating “[t]he utility of this power will scarcely be quest...

The PTO’s Inability To Reject An Application For Good Has A Long History

I was recently alerted[1.  My thanks to Karen Barzilay, who located this text as part of ongoing efforts by the Adams Papers Editorial Project at the Massachusetts Historical Society to put a searcha...

Previewing CLS Bank v. Alice

Tomorrow, February 8, the full Court of Appeals for the Federal Circuit (“Federal Circuit”), who receives nearly all patent appeals, will hear oral arguments in CLS Bank v. Alice Corp.  This cas...

Recipient of the First Software Patent Comes Out Criticizing the Current System

In an interesting historical tidbit, last week the Guardian in the United Kingdom published an interview of Martin Goetz.  Goetz is the person awarded the first software patent back in 1968.  In a p...

A History of Abuse

The U.S. patent system is almost as old as our country. The power to create patents was included in the constitution, and the first Patent Act was enacted in 1790. A lot of opponents of patent reform ...

Progress in a Time of War

It may be thermonuclear war, but at least it’s out in the open. We have Steve Jobs to thank, not only for his brilliant contributions to technology, but for launching Apple’s thermonuclear war aga...

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